accidents & injuries (tort law)

Able to Work

Definition

Capable of employment. A person who is able to work is ineligible to receive unemployment benefits on the basis of illness or injury.

Illustrative case law

See, e.g. International Union, et al. v. Johnson Controls, Inc., 499 U.S. 187 (...

Abnormally Dangerous Activity

DEFINITION

In tort law, an activity that (1) is not of common usage, and (2) creates a foreseeable and highly significant risk of physical harm even when reasonable care is exercised by all actors. See Restatement (Third) of Torts § 20(b) (2009). A...

Abrogate

Definitions

To formally annul or repeal a law through an act of the legislature, constitutional authority, or custom. In contract and insurance law, it is to rescind or terminate a contract.

In constitutional law, the abrogation doctrine...

Act of God

At common law, an overwhelming event caused exclusively by natural forces whose effects could not possibly be prevented (e.g., flood, earthquake, tornado). In modern jurisdictions, "act of God" is often broadened by statute to include all natural...

Act of Nature

See: Act of God

Actionable

Where there exist sufficient facts or circumstances to meet the legal requirements for a party to file a legitimate lawsuit against another party.

Actual Cause

A factor without which the result in question could not happen. The but-for test is often used to determine actual causation.

Actual Damages

Overview

In tort law, actual damages is a type of damages which refers to compensation awarded by a court in response to a loss suffered by a party.

The Supreme Court held in Birsdall v. Coolidge, 93 U.S. 64 (1876) that the phrases "compensatory...

actuarial tables

Definition

Statistical tables that display the life expectancies of people based on certain characteristics such as age, gender, family...

Adequate Remedy

Definition from Nolo’s Plain-English Law DictionaryA remedy that a court deems adequate under the circumstances. The remedy may be ordered by the court or arrived at by the parties to the lawsuit.For example, a court might consider it adequate for one...

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